The editors of the Ohio State Journal on Dispute Resolution, in coordination with their partners at the Divided Community Project, SLS and HNMCP asked me to share the following Announcement regarding the Journal’s 2022 Symposium Series on Collaborative Race Equity Initiatives.
The Ohio State Journal on Dispute Resolution, in partnership with The Ohio State University’s Divided Community Project, the Harvard Negotiation and Mediation Clinical Program, and Stanford Law School’s Gould Center for Conflict Resolution, is pleased to invite you to join an interactive symposium series focused on collaborative race equity initiatives:
– Gould will host an event
Continue Reading OSU JDR Symposium Series on Collaborative Race Equity Initiatives

I learned a lot about William Randolph Hearst by watching the PBS American Experience documentary about him.  He is best known as a purveyor of “yellow journalism,” promoter of the Spanish-American War, and the target of the Orson Welles film, Citizen Kane.  The documentary shows that he has had a huge and continuing impact on our society, laying the groundwork for trivialization of the news – really fake news, and concentration of dangerous power in the hands of a small number of media leaders.  You can see similarities with Rupert Murdoch and Donald Trump.
Here’s PBS’s description of the documentary:
Continue Reading What I’m Reading – PBS Documentary on William Randolph Hearst

Many of us have used the teaching tool of having our students write their own recipes for negotiation success.  (link to original article here and to earlier blog post here) I so enjoyed these last week for my students that I wanted to share (and encourage everyone to do this–students really enjoyed and I think it would work at the end of the negotiation or mediation unit as a self-reflection exercise)
Here’s my top five of the semester:
Dessert Anyone? By Lindita Hajdari

Like any recipe, a negotiation should be simple on the ingredients, but exceptionally complicated and frustrating
Continue Reading Negotiation Recipes for Your Students

Later this week, I’ll be part of a webinar on malpractice in the mediation & settlement arenas. This is part of the willworkforfood.news project, (introduced to me by Jeff Kichaven) in which webinar participants are charged no fee, but are invited to make contributions to a local food bank. (My contributions go to: foodforlanecounty.org.)
October 14 at 8am (Oregon time), 11am (Eastern).
I’d love to see ADR colleagues online for what I hope will be a lively discussion!
MM
Continue Reading Webinar Oct 14 (“Settle and Sue: Managing Malpractice Risks for Mediators and Lawyers”)

“Facebook is like a pocketknife:  You can use it to peel an apple or stab a janitor at school.”  So said tech analyst (and talk-show host) Jimmy Kimmel.
Noam Ebner (not a talk-show host) wrote, “Its positive characteristics and opportunities notwithstanding, the Internet has become something similar to a bad neighborhood after dark. … Even as the Internet has developed into a global library, a world of potential and a connecting media allowing meaningful interactions between everyone on the planet, it has become a hunting ground for predators looking for prey.”
I’m sure no tech expert like Mssrs Kimmel and
Continue Reading What I’m Reading – The Social Dilemma

ODR is likely to be an increasingly important part of legal and dispute resolution processes in the future, with potential benefits and risks.  It particularly has great potential to help self-represented litigants (SRLs, aka “pro se” parties).
So I was interested to read a draft paper by my colleague, Amy Schmitz, and John Zeleznikow, Intelligent Legal Tech to Empower Self-Represented Litigants, which will be published in the Columbia Science and Technology Law Review.
From my limited exposure to ODR, I have had a sense that current ODR systems often haven’t fulfilled parties’ needs, especially SRLs.  Amy and John’s paper
Continue Reading What I’m Reading – Constructing Good ODR Systems

Who’d expect Netflix to produce a movie about dispute system design?  Or that it would be really good?
Its docudrama, Worth, about the process of designing and implementing the 9/11 Victims’ Compensation Fund, actually is terrific.
It is based on Kenneth Feinberg’s book, What Is Life Worth?: The Unprecedented Effort to Compensate the Victims of 9/11.  The film is pretty accurate according to the History vs. Hollywood website.  Although the film uses composite characters, takes liberties with some facts, exaggerates the drama, and fits the story into a conventional narrative structure, it accurately portrays the overall story. 
Continue Reading What I’m Reading – Worth

I’m starting this What-I’m-Reading series with two books by Swedish author, Fredrik Backman.  They are his first book, A Man Called Ove (OOH-vah), and his latest book, Anxious People.  Backman has become quite a phenomenon, publishing a series of books, some of which have been made into movies, including Ove.
Ove is a grumpy, get-off-my-lawn old guy with rigid standards about almost everything, such as cars.  He’s not a fan of Volvos, and God help you if you drive a BMW.
As the story progresses, we learn about his history and how, over time, he grudgingly helps a
Continue Reading What I’m Reading – Frederik Backman Books

“What would *you* have done?”

An article last week in the Wall Street Journal offered the headline, “Political Divisions in Cortez, Colorado, Got So Bitter the Mayor Needed a Mediator.”  It went on to profile a town in which there were weekly marches on both the right and the left … “freedom rides” and “walks for justice and peace.” The mayor, having “jotted down a resignation letter and tucked it away in a leather-bound folder,” “reached out to a group of University of Denver mental health specialists focusing on violence prevention. The goal: to find a way to mediate
Continue Reading What would *you* have done?

Being retired from teaching and faculty meetings leaves time to do other things.  (Have you noticed that teaching and faculty meetings take a lot of time?)
In recent years, I have been reading books for pleasure, something I rarely did when I was employed.  I particularly like to read histories and biographies, though I read some fiction, humor, the news, and other things too.
Following in the footsteps of my fellow-blogger, Jen Reynolds, who organized a series of programs at the ABA SDR annual conferences where panelist described what they were reading, I am initiating an occasional series of
Continue Reading What I’m Reading

All-around good person Sheila Purcell announced via the listserv her retirement and another great ADR job opportunity.
The University of California Hastings College of the Law in San Francisco is conducting an open-rank search to hire one lateral tenured or tenure-track faculty member to begin July 1, 2022. The ideal candidate will be a productive scholar in the field of alternative dispute resolution, a successful teacher, and a visionary programmatic administrator capable of leading the nationally esteemed Center for Negotiation & Dispute Resolution (“CNDR”).
Applicants should have a serious interest in UC Hastings and living in the San Francisco Bay
Continue Reading UC Hastings seeks Professor and Director of the Center for Negotiation and Dispute Resolution

From Jen Michel on behalf of the ABA Dispute Resolution Spring Conference Planning Committee:
Hello colleagues,
Just a friendly reminder to those interested in submitting a program proposal for the upcoming ABA Dispute Resolution Spring Conference to be held in Los Angeles, CA April 27-30, 2022:
Jointly sponsored by the ABA Section of Dispute Resolution and the ABA Solo Small Firm and General Practice Division, the 2022 Conference theme is “Where Do We Grow from Here? New Directions and Rejuvenation.”  
The Conference is the largest ADR conference in the world, typically attracting 700+ participants.  Attendees gather to learn the
Continue Reading ABA SDR Conference Proposal Deadline – Wednesday, September 29

From Jen Michel:
Dear colleagues,
Please forgive me for a brief e-introduction in this now-virtual world.  My name is Jennifer Michel and I am the new director of the ABA Section of Dispute Resolution.  I look forward to our paths crossing in the near future.
I am also reaching out to share information regarding the upcoming ABA Mediation Institute.
This year’s 18th Annual ABA Advanced Mediation & Advocacy Skills Institute will be held virtually November 4-6. Complete program details can be found on the registration page including the program brochure.
Program highlights include:

  • Early Dispute Resolution — Protocols


Continue Reading ABA Dispute Resolution Mediation Institute on Nov 4-6

What’s sex education got to do with dispute resolution?
If you have to ask, maybe you should go back to high school.
Wait, that’s a terrible idea.
Instead, you might watch the Sex Education series on Netflix, which just dropped its third season.
The premise is that an unlikely duo of high school students set up a business to give students sex advice.  Ok, it’s an implausible premise and the characters and stories are mostly implausible.  But it’s an hysterical take-off on the high school sitcom genre – that sneaks in good messages about good communication.
Although some characters seem
Continue Reading Sex Education

Yesterday TaxProf blog posted the 68 Most-Cited Law Faculties according to the Sisk, Catlin, Anderson, and Gunderson study titled Scholarly Impact of Law School Faculties in 2021.
According to the list, here are the DR faculty among the top 10 most-cited faculty the top 68 most-cited law schools:
6. Stanford – D. Hensler
9. Vanderbilt – C. Guthrie
11. UCLA – R. Korobkin
14. UC-Irvine – C. Menkel-Meadow
31. Illinois – J. Robbennolt
33. Colorado – S. Peppet
40. Kansas – C. Drahozal and S. Ware
43. Ohio State – S. Cole
46. (tie) American – S. Franck /
Continue Reading Dispute Resolution Faculty among the Top 10 Cited faculty at the 68 Most Cited Law Schools

Law professors regularly are asked how does one become a law prof?  It’s a good question, and one that almost all of us asked when we were in your shoes.  If you are interested in the answer or simply curious,  the Transforming the Legal Academy online conference is for you.  And if you’re not sure, the conference description is below.
The Sandra Day O’Connor College of Law will host a virtual panel to discuss “Transforming the Legal Academy” on Friday, September 24, 2021. We invite law fellows, associates, researchers, law clerks, practitioners and others who are considering entering the higher
Continue Reading Interested in a Law Faculty Position and Don’t Know How to Get There?